From Baseball to Breeding: How Contract Strategies Win Both Fields
If you have been involved in a baseball community, particularly in a youth organization like the Denville Baseball League, you know the value of contracts in creating relationships and establishing long term goals between parties. If done correctly, the agreement is reflected in the actions of the parties. During the Denville Baseball season, it is often replaced by the unwritten understanding that every party involved will work together to achieve a common purpose. While most contract disputes in the equine industry are over the interpretation of the contract, misconceptions often occur about the actual meaning of the contract. Therefore, the development of a strong base and understanding of the equine breeding contract can help to avoid costly mistakes down the road.
Denville’s motto is “Achieving Excellence Together.” What better motto than that for youth baseball? However, the words of that motto ring true for both baseball and the horse industry because at the foundation of both is a collaboration between the parties (i.e., the team). Cooperation is the bedrock of the Denville Baseball League, and the same could be said for the ideal breed or stallion owner. When analyzing the agreement, parties should keep in mind that the role is not only to look after one’s own interests but also the best interests of the other party. Understood in that context, the contract is not entirely self-serving, what seems like an impersonal contract is really written in a spirit of teamwork.
Among the most common misconceptions by both horse owners and stallion operations is the nature of the agreement between the parties. While the agreement plays a significant role in establishing the obligations of the parties, due to its enforceability, it is really the relationship between the parties that defines the nature of the agreement. Typically, an agreement for breeding services requires the submission of a brochure containing the stallions breeding service details. The brochure serves as a record of the stallion’s achievements and training progress. It also often requires the submission of a booking fee, which is a true indicator that the parties have entered into some type of agreement. What the breed or stallion owner may not realize is this booking fee does not guarantee or represent the stallion will be available for breeding.
Whether on a baseball team or in the horse industry, you are your brother’s keeper. Your actions directly affect your neighbors, teammates and other members of the community. Play by the rules; there are plenty of opportunities to show good sportsmanship both on and off the field. Equally, in the horse industry, your ethics and professional conduct are paramount to the confidence the public has in the industry.
Denville Baseball League places trust in its players and volunteers. Likewise, in the horse industry, having faith you have picked the best services is essential to success. Choosing services that have proven to be successful in the past is essential. Also, when negotiating an agreement, players and parents often place their trust in the coaches and other personnel entrusted with the long-term development of their children. Similarly, in some cases horses are entrusted to a trainer for long-term care.
While players and parents may have high expectations from coaches and managers, the reality is that, like any other individual, coaches and managers are not perfect, and as such make mistakes. They may miscalculate the score of the game or even forget the names of a few players. Likewise, when drafting a stallion breeding contract, breeding farms are not always aware of specific facts when drafting the initial contract reflecting the negotiation between the parties.
Every player on the field has a designated role. Typically, those roles are laid out prior to the game, with an overview of the general rules during practice. When breeding horses, the same principles apply. The contract will lay out the roles and responsibilities of the parties, as well as the general rules of engagement. Parties can expect that the stallion will be made available on the agreed upon dates, and thereafter will be able to rely on the accuracy and completeness of all documents. Where the stallions stand physically is the same location where the services are performed, which may not always be at the client’s location. Likewise, the stallions pedigree is the same it was on the date of service.
As with all agreements that require negotiations, each party is not only seeking the most favorable terms for itself but is also valuing the other party’s expectations, values and standards. Negotiations require open communication to ensure parties understand the importance and ramifications of the terms being discussed. In both baseball and the horse industry, players are not only additions to a roster but play roles that are critical to the overall success of the team. In the same manner, horses on a breeding contract are not just any horses, but highly trained professionals with significant stakes in the industry. With that, when negotiating by telephone, be sure to follow up an in-depth conversation with an email summarizing the major points of the agreement and its associated expectations. Additionally, if an agreement is reached, request a copy of the final draft agreement and determine whether the particulars of the contract are properly aligned with the points discussed.
In a contract, as in a game, everyone must play to win. In a team sport, “there is no I in TEAM.” While there are no “I’s” in a horse or equine breeding contract, there is an “M” for “mutual.” This is not the same as having joint ownership of assets, but a recognized expectation that the parties, with the intent of achieving a common goal, will work together to reach a mutually beneficial agreement.
Denville Baseball League, a league where players and parents are part of the family, exemplifies an organization that lives and breathes its motto, “Achieving Excellence Together.” For more information on the importance of contracts in the equine industry, you can visit Wikipedia on Contract Law.